Explore The NRA Universe Of Websites

Responding to NRA/CRPA “Emergency” Regulations for California’s Firearm Safety Certificate Program

Tuesday, March 31, 2015

Responding to NRA/CRPA “Emergency” Regulations for California’s Firearm Safety Certificate Program

On Monday, March 9, 2015, the Office of Administrative Law (“OAL”) approved a package of so-called “emergency” regulations for California’s new Firearm Safety Certificate (“FSC”) Program and safe-handling demonstrations. The “emergency” regulations, proposed by the California Department of Justice (“DOJ”), took effect immediately after being rubber stamped by OAL.  

The FSC Program, signed into law by Governor Jerry Brown on October 11, 2013, requires every individual wishing to take possession of a firearm in California to first take and pass a written test and to perform a safe-handling demonstration with the firearm to be acquired. While the NRA & CRPA support genuine efforts to encourage the safe use and handling of firearms, the launch of the FSC Program was grossly mismanaged, and it has been plagued with problems since it took effect on January 1, 2015. The Program’s many failures were the result of the DOJ’s refusal to meaningfully engage FFLs, certified FSC instructors, and gun owners in the creation of formal regulations for the administration of the Program. Instead, the Department unilaterally unveiled a host of generally applicable “rules” in violation of state law. These rules have already cost FFLs and certified FSC instructors untold sums and will cost them thousands of dollars each year, forcing many to simply stop administering the FSC Program altogether.

The California Rifle and Pistol Association, FFLGuard, and five individuals, supported by the National Rifle Association, filed Belemjian v. Harrisin the Superior Court of Fresno, challenging the DOJ’s actions as a violation of California’s Administrative Procedures Act (“APA”), asking the court to direct the DOJ to formally adopt regulations for the administration of the Program as the law requires. In response to the lawsuit, the DOJ submitted a package of proposed “emergency” regulations to the OAL in an effort preserve the same rules it had illegally adopted. The public was given only 5 days, as opposed to the 45-day minimum under normal rule-making procedures, to offer comments.

OAL received some 9,100 pages of public comment regarding the controversial “emergency” package despite the extremely shortened comment period. To view the letter submitted by the NRA, along with the CRPA and FFLGuard, click here.

Despite this outcry, OAL simply rubber stamped the “emergency” measures, disregarding the overwhelming opposition and allowing the DOJ to circumvent the requirements of the APA by resorting to the emergency process.

The “emergency” regulations will remain in effect for a minimum of six months, during which time the DOJ must either move to make those regulations permanent or begin the normal rule-making process to adopt a new set of regulations for the FSC Program. Either way, NRA and CRPA will continue to monitor the situation, litigate as necessary, and provide updates as they are available.

 

IN THIS ARTICLE
California firearm
TRENDING NOW
Did Joe Finally Admit His Anti-Gun Agenda’s True Goal

News  

Monday, January 24, 2022

Did Joe Finally Admit His Anti-Gun Agenda’s True Goal

Last weekend, when four hostages were taken at Congregation Beth Israel Synagogue in Colleyville, Texas, countless people remained transfixed on their televisions and computers, awaiting the outcome. Fortunately, the hostages were able to free themselves. ...

Gun Control Group Hopes to Smear U.S. Firearms Industry with New Website

News  

Monday, January 24, 2022

Gun Control Group Hopes to Smear U.S. Firearms Industry with New Website

We all knew who the finger-pointers and tattletales were in junior high school. A disproportionate number of them, it seems, now populate America’s anti-gun lobby.

Virginia: Extreme Bill Will Ban Home Defense & End Youth Hunting

Wednesday, January 19, 2022

Virginia: Extreme Bill Will Ban Home Defense & End Youth Hunting

Though a pro-Second Amendment majority sits in the House of Delegates this session, that’s not stopping anti-gun lawmakers from continuing to push the same radical gun control they’ve pushed for the past two years. Here ...

Advocacy Isn’t Science

News  

Monday, January 24, 2022

Advocacy Isn’t Science

Everytown for Gun Safety produced a report that received favorable coverage on CNN and in The Hill without so much as a basic due-diligence level of questioning. True journalism has been replaced with activism in many newsrooms, so allow ...

Biden Administration Finalizes “New” Firearm Storage Rule

News  

Tuesday, January 18, 2022

Biden Administration Finalizes “New” Firearm Storage Rule

On January 3, the Biden Administration’s Department of Justice (DOJ) announced that it would be finalizing a new rule on firearm storage for Federal Firearm Licensees (FFLs). The DOJ additionally announced an update to the Bureau of Alcohol, Tobacco, ...

California: San Jose to Consider Ordinance Taxing Gun Owners

Wednesday, January 19, 2022

California: San Jose to Consider Ordinance Taxing Gun Owners

On January 25th, the San Jose City Council will consider File 22-045, an ordinance to tax gun owners and mandate that they purchase liability insurance.

Indiana: Lawful Carry Stalls In Senate

Friday, January 21, 2022

Indiana: Lawful Carry Stalls In Senate

After two years of opposition from Governor Holcomb’s administration and stonewalling by the Republican-controlled Senate and President Pro Tempore Rod Bray, Hoosier’s are demanding action on Lawful Carry legislation, also known as Constitutional Carry.

NRA Wins Case Against Los Angeles County

News  

Thursday, January 20, 2022

NRA Wins Case Against Los Angeles County

The Ninth Circuit sided with the National Rifle Association Institute for Legislative Action (NRA-ILA) on Thursday when it struck down a Los Angeles County order that forced gun stores and shooting ranges to close in ...

Arizona: First Week of Session Sees A Flurry of Firearm Related Legislation Introduced

Tuesday, January 18, 2022

Arizona: First Week of Session Sees A Flurry of Firearm Related Legislation Introduced

Last week, the Arizona Legislature convened for the 2022 session. More than two dozen firearm-related bills have been introduced with proposals to both strengthen and limit your Second Amendment Rights in Arizona. Below are a ...

Wisconsin: Self-Defense Bills Pass Assembly, On to Senate

Friday, January 21, 2022

Wisconsin: Self-Defense Bills Pass Assembly, On to Senate

Yesterday, the Assembly passed four NRA-backed self-defense bills on bipartisan voice votes. They will now go to the Senate for further consideration.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.